Join Date: Dec 2008
Location: Calgary, AB, Canada
Thanked 63 Times in 58 Posts
Rep Power: 7
Re: Give way when hoisting the main?
nolatum - I want you for my attorney should I ever need one!
Legal question, out of curiosity: If the sailboat engaged gear and attempted to avoid collision, but the a$$hat ran him down anyway - who would be at fault then? Still 50/50? Sailboat didn't have a crystal ball to see what a$$hat was going to do and failed to engage power soon enough to avoid a madman intent on running him down?
Just curious. I grew up in a legal family, and in a lawfirm. But maritime law was never my speciality, and I realize how very little I know of maritime law.
Thanks in advance.
In most cases there is shared responsibility (Rule 2 is a biggy as is 17(a)ii)). It may not be 50/50.
I know of one case where a sailboat at anchor without proper lighting was held solely responsible for a collision when hit be a powerboat.
ISPA Yachtmaster Offshore Instructor Evaluator
Sail Canada Advanced Cruising Instructor
IYT Yachtmaster Coastal Instructor
ASA 201, 203, 204, 205, 206, 214
As I sail, I praise God, and care not. (Luke Foxe)
Last edited by jackdale; 08-13-2013 at 11:15 PM.